Interpretation

In this Act, unless the context otherwise requires“authorized observer/inspector” means any person authorized to act as an observer or inspector of fishing vessels for the purpose of this Act; “authorized officer” means any fisheries officer and any other person or category of persons designated as an authorized officer for the purpose of this Act; “Belize high seas fishing vessel” means a fishing vessel authorized to fly the flag of Belize and to fish or take fish on the “Belize High Seas Fisheries Unit” or “BHSFU” means the entity responsible for the administration of this Act under the Registrar of Merchant Shipping in the Ministry responsible for finance; “commercial fishing” means any fishing resulting or intending or appearing to result in the selling or trading of fish which may be taken during the fishing operation but does not include subsistence fishing; High Seas Fishing 9 “Compliance Agreement” means the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on 24 November 1993; “Director” means the Director of Belize High Seas Fisheries Unit; “dollar” or “$” means dollar in the currency of the United States of America; “exclusive economic zone” or “EEZ” means the exclusive economic zone(s) of a country; “FAO” means the Food and Agriculture Organization of the United Nations; “fish” means the whole or any part, and the offspring and its eggs, of any aquatic animal, whether piscine or not, and includes aquatic flora; “Fish Stocks Agreement” means the Agreement for the Implementation of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, adopted at New York on 4 August 1995; “fishery” means one or more stocks of fish or fishing operations based on such stocks which can be treated as a unit for purposes of conservation and management; “fishing” means catching or taking or killing fish by any method and includes– (a) searching for, catching, taking or harvesting fish; 10 (b) any attempt to search for, catch, take or harvest fish; (c) engaging in any other activity that can reasonably be expected to result in the locating, catching, taking or harvesting of fish; (d) placing, searching for or removing fish aggregating devices or associated equipment; (e) any operation at sea in support of, or in preparation for, any activity described in this definition except in emergencies where it can be ascertained that the health and safety of crew members or the safety of a vessel was at stake; or (f) the use of aircraft in relation to any activity described in this definition except in emergencies where it can be ascertained that the health and safety of crew members or the safety of a vessel was at stake; but does not include the taking of fish from an aquaculture facility or any other activity related to aquaculture; “fishing related activities” means those activities that are done before, during or after in conjunction with or in support of the catching, taking or the killing of fish, including but not limited to– (a) refuelling or supplying fishing vessels or performing other activities in support of fishing operations; or (b) storing, processing, transportation and/or transshipment of fish up to the time it is first landed; or High Seas Fishing 11 (c) transshipment; or (d) any operation at sea or in support of, any activity described in this definition except in emergencies where it can be ascertained that the health and safety of crew members or the safety of a vessel was at stake; “fishing vessel” means any vessel used or intended for use for the purpose of the commercial exploitation of living marine resources, including mother ships and any other vessels directly engaged in such operation; “fish processing” means the producing of any substance or article from fish by any method and includes cutting up, dismembering, cleaning, sorting, gutting, freezing, canning and salting, preserving and reduction of fish; “fisheries management agreement” means any agreement, arrangement or treaty in force to which Belize is a party which has as its purpose the cooperation in or coordination of fisheries conservation and management measures in all or part of the region, including but not limited to fisheries monitoring, control and surveillance and establishing criteria or requirements for “fishing gears” means any equipment, implement or other object that can be used in the act of fishing, including any fishing net, rope, line, float, trap, hooks, winch, boat, beacon or locating device; “fishing vessel circular” means a legally binding notice issued in accordance with this Act to effect the implementation of “high seas” means the marine waters beyond the territorial sea, archipelagic waters, fisheries zone or exclusive economic zone of any state; 12 “illegal, unreported and unregulated fishing” has the same meaning as it is given in the International Plan of Action to prevent, deter and eliminate Illegal, Unreported and Unregulated fishing, adopted at the Food and Agriculture Organization of the United Nations, Rome, in June 2001; “IUU” fishing means fishing activities which are illegal, unreported and unregulated: “illegal fishing” includes activities– (a) conducted by national or foreign fishing vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations; (b) conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organization, but which operate in contravention of the conservation and management measures adopted by that organization and by which those States are bound, or relevant provisions of the applicable international law; or (c) in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organization; “unreported fishing” means fishing activities– (a) which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or (b) which have been undertaken in the area of competence of a relevant regional fisheries High Seas Fishing 13 management organization and have not been reported, or have been misreported in contravention of the reporting procedures of that organization; “unregulated fishing” means fishing activities– (a) conducted in the area of application of a relevant regional organization by fishing vessels without nationality, by fishing vessels flying the flag of a State not party to that organization or by any other fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or (b) conducted in areas or for fish stocks in which there are no applicable conservation or management measures by fishing vessel in a manner consistent with State responsibilities for the conservation of living marine resources under international law; “international conservation and management measures” means measures to conserve or manage one or more species or habitats of living marine resources that are adopted and applied in accordance with the relevant rules of international law reflected in the 1982 United Nations Convention of the Law of the Sea, the FAO Compliance Agreement and the ^ Fish Stocks Agreement either by global or sub-regional organizations or by treaties or arrangement to which Belize is a Party or is a cooperating non contracting party; “1MMARBE” means the International Merchant Marine Registry of Belize; “international treaty” means any treaty or convention (including any Regional Fisheries Management Measures, Agreements, 14 Code of Practice or Agreement made under the auspices of a multilateral organization of which Belize is a Member), or part of any international treaty or convention to which Belize has adhered; “length” means– (a) for any fishing vessel of Belize built after 18 July 1982, 96 percent of the total length on a waterline at 85 percent of the least moulded depth measured from the top of keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that is greater, except that in ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline; and (b) for any fishing vessel of Belize built before 18 July 1982, registered length as entered on the vessel’s documentation; “high seas fishing license” means any permit, authorization or license issued in accordance with this Act; “master” means the person in charge or apparently in charge of fishing activities of the vessel; “Minister” means the Minister responsible for finance; “operator” means any person who is in charge of or directs or controls a fishing vessel or for whose direct economic - or financial benefit a vessel is being used, including the master, owner and charterer; “owner” means the ultimate owning entity or representative thereof (either individual or body corporate or group of company); the beneficial owner may be the vessel’s management company or the trading name of a group, both of High Seas Fishing 15 which are generally perceived to represent the ultimate owner of the vessel; “Registrar” means the Registrar of Merchant Shipping appointed or designated under the Merchant Ships (Registration) Act; “resident agent” in relation to a fishing vessel, means any person resident in Belize exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of an owner or on an owner’s behalf; “Regulation” means any regulation made pursuant to this Act; “Sanction Regulations” means the regulations made under this Act, prescribing penalties for violation of the provisions of this Act; “serious violation” as defined in paragraph 11 of Article 21 of the United Nations Fish Stocks Agreement, means– (a) fishing without a valid license, authorization or permit issued by the Flag state in accordance with Article 18, paragraph 3(a) thereof; (b) failing to maintain accurate records of catch and catch related data, as required by the relevant sub-regional or regional fisheries management organization or arrangement, or serious misreporting of catch, contrary to the of such organization or arrangement; (c) fishing in a closed area, fishing during a closed season or fishing without or after attainment of, a quota established by the relevant sub- regional or regional fisheries management organization or arrangement; 16 (d) directing fishing for a stock which is subject to a moratorium or for which fishing is (e) using prohibited fishing gears; (f) falsifying or concealing the markings, identity or registration of a fishing vessel; (g) concealing, tampering with or disposing of evidence relating to an investigation; (h) multiple violations which together constitute a serious disregard of and management measures; or (i) such other violations as may be specified in procedures established by the relevant sub- regional or regional fisheries management organization or arrangement. “transshipment” means transferring any fish or fish products to or from any vessel. (BHSFU).